01Acceptance of the terms
These Terms of Use govern access to and use of the KodeKash platform, operated by KODEKASH TECNOLOGIA LTDA, registered under Brazilian CNPJ 64.648.362/0001-76, headquartered in São Paulo, SP, Brazil ("KodeKash").
By accessing the website, contracting or using any module of the platform, you declare that you have read, understood and fully agree with these Terms. If you do not agree, do not use the services.
02Definitions
- Platform: the set of white-label infrastructure modules offered by KodeKash, including payment gateway, checkout, members area, mobile app, admin panel and integrations.
- Client: the legal entity that contracts the Platform to operate under its own brand.
- End user: the person who interacts with the Client's operation (buyers, students, affiliates), with no direct contractual relationship with KodeKash.
- White-label: the model in which the Platform operates under the Client's brand, domain and visual identity.
03Purpose
KodeKash provides technology infrastructure for digital financial operations. The Platform is made available under a usage license, on a non-exclusive and non-transferable basis, within the limits of the contracted plan and modules.
KodeKash is not a financial institution, payment institution or acquirer, and does not take part in the consumer relationship between the Client and its end users. Financial settlement is carried out by the providers and acquirers connected to the Client's operation.
04Registration and account
Contracting requires registration with true, complete and up-to-date information, including corporate data and documentation for identity verification (KYC/KYB).
The Client is responsible for keeping access credentials confidential and for all activities performed in its account. Suspected unauthorized use must be reported immediately to suporte@kodekash.com.
05Client obligations
- Use the Platform in compliance with applicable law, including consumer protection, data protection and anti-money-laundering rules.
- Sell only lawful products and services compatible with the policies of the connected acquirers and providers.
- Be accountable for the relationship with its end users, including delivery, support, refunds and chargebacks of its operation.
- Keep its registration, tax and contact data up to date.
06Prohibited use
Using the Platform for unlawful or fraudulent activities, or activities that violate third-party rights, is forbidden, including without limitation: money laundering, financial pyramids, sale of prohibited products, intellectual property infringement and deceptive sales practices.
KodeKash may immediately suspend or terminate accounts that violate these prohibitions, without prejudice to the reports required by law to the competent authorities.
07Intellectual property
The Platform, its code, design, trademarks and documentation are the exclusive property of KodeKash. Contracting does not transfer any intellectual property rights to the Client, except for the usage license set out in these Terms.
In the white-label model, the brand, domain and visual identity applied to the Platform remain the property of the Client, who declares holding the necessary rights over them.
08Fees and charges
Commercial terms, including monthly fees, per-transaction rates and module charges, are defined in the commercial proposal or in the agreement signed with the Client, which prevail over these Terms in case of conflict.
Default may lead to suspension of access to the Platform after notice, without prejudice to the collection of amounts due.
09Availability and support
KodeKash uses its best efforts to keep the Platform continuously available, with monitoring and infrastructure redundancy. Scheduled maintenance windows will be communicated with reasonable notice.
Support is provided through the official channels listed on the Contact page, at the service levels defined in the contracted plan.
10Limitation of liability
KodeKash is not liable for: (i) acts and omissions of the Client towards its end users; (ii) unavailability caused by third parties, including acquirers, cloud providers and carriers; (iii) force majeure events; (iv) indirect damages, loss of profits or loss of opportunity.
In any case, KodeKash's total liability is limited to the amount effectively paid by the Client in the 12 (twelve) months prior to the event that gave rise to the damage.
11Privacy and data protection
The processing of personal data carried out by KodeKash is governed by the Privacy Policy, available at kodekash.com.br/privacidade, which is an integral part of these Terms.
12Term and termination
These Terms remain in force for as long as there is an active contractual relationship between the Client and KodeKash. Either party may terminate the agreement in the manner and within the periods set out in the contract or commercial proposal.
Once the relationship ends, KodeKash will make the export of the Client's operation data available for a reasonable period, subject to legal retention obligations.
13Changes to these terms
KodeKash may update these Terms to reflect legal, regulatory or Platform changes. Relevant changes will be communicated through the official channels at least 10 (ten) days in advance. Continued use after the new version takes effect represents agreement.
14Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the District of São Paulo, SP, are elected to settle any disputes, waiving any other, however privileged it may be.